Act Locally » November 14, 2013

California Protects Wage-Theft Whistleblowers

Now, any employer in the state that punishes or threatens to punish employees for filing an oral or written complaint over unpaid wages will be fined up to $10,000 per employee

In a victory for both immigrant laborers and California workers as a whole, Gov. Jerry Brown signed bill AB 263 last month, protecting workers against employer retaliation for wage-theft claims.

Now, any employer in the state that punishes or threatens to punish employees for filing an oral or written complaint over unpaid wages will be fined up to $10,000 per employee. The bill also offers specific protections against “unfair immigration-related practices,” which include contacting immigration authorities in retaliation against worker complaints, among other measures.

The Public Policy Institute of California has estimated that there are more than 1.8 million undocumented workers in the state. Some employers have responded to employee grievances by using such threats as deportation to “hold workers hostage,” says legislative advocate Caitlin Vega, of the California Labor Federation (CLF), which has lobbied for AB 263.

But it doesn't always stop there, as Orange County day laborer José Ucelo Gonzalez learned in 2012: Gonzalez, who is undocumented, landed in the custody of immigration officials when he was falsely accused of robbery after seeking compensation for a paving job. “Existing law simply wasn't enough to protect this portion of the workforce,” says CLF spokesman Steve Smith.

While amending California law, AB 263 also recognizes that low-wage immigrant workers “have the greatest number of work-related injuries and fatalities” and that they “are the most frequent victims of wage theft and are also exposed to the greatest hazards at work.”

AB 263 passed in the California Senate on September 9 and in the Assembly the next day. As the bill sat at Gov. Brown's desk, Assemblyman Roger Hernández, who sponsored the legislation, and groups such as the CFL and the AFL-CIO called on him to sign it.

Gov. Brown finally signed AB 263 in October, along with several other bills protecting immigrants. Among them was AB 4, also known as the Trust Act, which prevents undocumented immigrants changed with minor crimes from facing deportation.

If you tax them they will leave according to Michael Bloomberg of New York City - talking of his millionaire friends.......United States citizens are giving up their citizenship - and leaving.... you say because of the spying or any other reason, you can pick... How many of our resources will we utilize to stop people from wage theft...as we join the third world..As our government attacks the people's rights - playing war around the world with their war of terror drone attacksANOTHER FREE TRADE AGREEMENT TO ENSLAVE OUR PEOPLE?? A BAILOUT WITH FORCED GIVE BACKS / CONCESSIONS FOR THE ROYALITY OF WASHINGTON??. . . AS WE GIVE THE WORLD FOREIGN AID WE HAVE TO CUT, CUT, CUT PROGRAMS AND SERVICES NEEDED AT HOME>> WE ARE TAXED...WITHOUT...REPRESENTATION